Opinion
No. 15-1111
04-14-2015
IN RE: JASON EMANUEL SMART-EL, Petitioner
HLD-004
NOT PRECEDENTIAL
On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey
(Related to D.N.J. Civ. No. 1:13-cv-00164)
Submitted Pursuant to Rule 21, Fed. R. App. P.
February 20, 2015
Before: MCKEE, Chief Judge, GARTH and BARRY, Circuit Judges OPINION PER CURIAM
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.
Jason Emanuel Smart-El filed a petition for writ of mandamus requesting that we direct the District Court to rule on a motion that he had filed pursuant to 28 U.S.C. § 2255. The District Court has since granted Smart-El's § 2255 motion. In light of the District Court's action, the question Smart-El presented is no longer a live controversy, so we will dismiss the petition as moot. See, e.g., Lusardi v. Xerox Corp., 975 F.2d 964, 974 (3d Cir. 1992); see also Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996) ("If developments occur during the course of adjudication that eliminate a plaintiff's personal stake in the outcome of a suit or prevent a court from being able to grant the requested relief, the case must be dismissed as moot.")